SHAHMAD ANSARI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and sentence dated 13/05/2013/21.05.2013 passed by Sri Bateshwar Nath Pandey, Special Judge under the N.D.P.S. Act, Katihar in G.R. Case No. 94 of 2011 arising out of Katihar Rail P.S. Case No. 47 of 2011 by which he has convicted the appellant under section 20(b)(2)(c) of the Narcotic Drugs and Psychotropic Substance Act (hereinafter referred to as the N.D.P.S. Act) and has sentenced him to undergo rigorous imprisonment for ten years and also to pay a fine of Rs. 1,00,000/ - and in default of payment of fine to undergo further rigorous imprisonment for one year.

(2.) PROSECUTION case, as alleged in the F.I.R. on the self statement of Sanjay Kumar Prasad, P.W. 4, alleging therein that on 14.09.2011 at about 21.30 hours he got an information from the railway security control room, Katihar that in train No. 12505, North East Express, R.P.F. Escort Party has caught a person along with two bags of Ganja. On getting information, the informant informed the G.R.P. police, Katihar and Assistant Security Commissioner, R.P.F. Katihar with a request to attend the train. Further case is that on receipt of the said information, the informant along with Assistant Deputy Inspector, G.R.P. Sri Mithilesh Bhatt (P.W. 8), Assistant Security Commissioner, R.P.F. Katihar Md. Nayeem (P.W. 6), Assistant Deputy Inspector R.P.F. Ajai Kumar Mauar (P.W. 5) with the arm force were present at platform No. 5 at Katihar railway station to attend the train. The train reached the platform at about 21.58 hours when they attended the said bogie and from the said train the Escort party Incharge Kriti Kumar Sanyal (P.W. 1) along with party got down with a person along with two bags from bogie No. NF 10406 on platform No. 5. It is further stated that on search of two bags two packets, one from each bag, Ganja wrapped in plastic recovered and on inquiry about Ganja the person disclosed that both bags belong to him and disclosed his name as Shahmad Ansari and produced his ticket bearing No. 61015165 from New Kooch Bihar to Buxar. Both the seized bags were given by Mithilesh Kumar Bhatt (P.W. 8) to the Assistant Security Commissioner, R.P.F. Katihar and seizure list was prepared and articles were seized. It was further alleged that both the bags contained Ganja wrapped in plastic each weigh in all about 28 kg.

(3.) DURING trial nine witnesses were examined by the prosecution. They are P.W. 1 Kriti Kumar Sanyal, P.W. 2 Harendra Nath Boro, P.W. Bishwajit Pal. All the P.Ws. 1, 2 and 3 are members of the Escort Party P.W. 4 Sanjay Kumar Prasad, Assistant Security Commissioner Inspector G.R.P. post Katihar East, P.W. 5 is A.S.I. Ajay Kumar Mauar, P.W. 6 is Assistant Security Commissioner Md. Naim, who were the persons who apprehended and before whom search was made and seizure list prepared before the independent witnesses. P.W. 8 is A.S.I. Mithilesh Bhatt, who is also a member of the party of the informant who attended the train at Katihar on platform No. 5 on information by the Escort Party and P.W. 9 is the I.O. and P.W. 7 is the second I.O.